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    breau58's Avatar
    breau58 Posts: 1, Reputation: 1
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    #1

    Jul 25, 2010, 12:03 AM
    Can a seller cancel her sell if she has a deposit check?
    I was selling furniture, received a deposit check from buyer but no written contract or bill of sale was ever exchanged. Seller and buyer made a verbal agreement that the buyer would pick up the furniture in 2 or 3 weeks time, both parties agreed. BUT If the seller (I) decided that I don't want to sell my furniture anymore and has in her possession a deposit check with no written or sold contract/document, is it the right of the seller to cancel the sell and return the deposit check since I never cashed it?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Jul 25, 2010, 01:01 AM

    You have every right to change your mind and if you return the check then I don't see what the problem is. Has there been a dispute over this cancellation?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jul 25, 2010, 05:58 AM
    Quote Originally Posted by breau58 View Post
    ... is it the right of the seller to cancel the sell and return the deposit check since I never cashed it?
    No. You don't have the right to cancel the sale.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #4

    Jul 25, 2010, 06:26 AM

    Oh, well I did that once and didn't suffer the consequences. I just gave back the payment. I don't see the problem as long as the buyer has been given adequate notice that the sale will not go through. On what grounds does one sue for this transaction and who would really take the trouble doing it?

    Tick
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Jul 25, 2010, 06:33 AM
    Quote Originally Posted by tickle View Post
    On what grounds does one sue for this transaction and who would really take the trouble doing it?
    Hello tick:

    A contract was entered into. One can sue for damages, and one might, if one wanted the furniture bad enough.

    excon

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